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Sathish Karampuri   24 September 2024

What is best method to ask to brach manager to accept my request?

I want write a letter to SBI branch manager,

X peson taken a loan Rs. 10,00,000/- and X person died 6 months back. Now SBI branch manager reached us to repay the laon in single time settlement. But we want pay in installment menthod. We can pay only 65% only.

Now the questions is :

Is there any legal format to write under section 50 of CPC?
What is best method to ask to brach manager to accept my request?



Learning

 4 Replies

Dr. J C Vashista (Advocate )     25 September 2024

Whether you are principal borrower or guarentor ?

In any case, whether any decree has been passed by competent court against you ?

How did you conclude/ infer qua applicability of Section 50 CPC in your case, which reads as:

Section 50 CPC:-

Ifthe judgment debtor dies before the decree is fully satisfied, the decree can be executed against the legal representatives of the deceased debtor

Sathish Karampuri   25 September 2024

Sir thank you 

I am not guarantor or co-borrower. I am the legal heir. I think sec 50 CPC not applicable here as there is no decree passed by any court 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 September 2024

 you have a loan agreement with your friend, which includes a specified interest rate of 18% simple interest per annum. If your friend is contesting the interest rate, you may need to explore legal options to resolve the dispute. As the lender, you have the right to enforce the terms of the loan agreement, including the interest rate. However, selling the flat without your friend's consent or a court order may not be a straightforward process. In India, the SARFAESI Act, 2002, allows secured creditors (lenders) to enforce their security interest (mortgage) without intervention from the court. However, this act applies to specific financial institutions, and it's unclear if it applies to individual lenders like yourself. To avoid potential legal complications, consider the following steps: 1. Review the loan agreement: Ensure the agreement is clear, concise, and includes all necessary terms and conditions. 2. Communicate with your friend: Try to resolve the dispute amicably by discussing the interest rate and other terms. 3. Legal notice: Send a legal notice to your friend, reiterating the terms of the loan agreement and demanding payment. 4. Consult a lawyer: If your friend continues to contest the interest rate, consult a lawyer specializing in property and banking laws. They can guide you on the best course of action. 5. Court proceedings: If necessary, initiate court proceedings to enforce the loan agreement and recover the debt. Remember that legal processes can be lengthy and costly.

T. Kalaiselvan, Advocate (Advocate)     25 September 2024

If you are neither a borrower nor a guarantor in the personal loan then you cannot be held liable as a legal heir to repay the personal loan of the deceased.

The lender can attach any property given as collateral security of the borrower or if there is any property lying on the name of the deceased, for that the lender has to approach court and obtain an order or judgement to recover the loan amount by attaching the personal property of the deceased bortrower to satisfy the loan and interest amount.

You do not have to acknowledge the debt in any capacity since it is a personal loan and do not ever commit to settle the loan amount for whatever the reason be 

 


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